Subway pushing trial ends in acquittal

TORONTO—A 49-year-old man has been acquitted of all charges by reason of mental disorder in a high-profile case where two teenagers were pushed on to a Toronto subway track last year and narrowly escaped serious injury.

Adenir De Oliveira was found not criminally responsible for his actions, in a verdict issued Monday morning. The ruling by Ontario Superior Court Justice Nancy Backhouse means that Mr. De Oliveira will be kept in a secure psychiatric facility and it will be up to the Ontario Review Board to decide when he is released.

“I find that at the time he committed these acts, the accused’s mind was devoid of any thoughts other than pushing the victims or killing himself,” said Judge Backhouse. “His thought processes were impacted at the time to such an extent that he was unable to weigh the pros and cons of his actions and was incapable of appreciating that what he was doing was morally wrong,” the judge added.

Mr. De Oliveira, who has been in jail since his arrest following the February 2009 incident, looked ahead blankly from the prisoner’s box in the courtroom, after the judge issued her ruling.

“It was a humane and just verdict,” said defence lawyer Ian Kostman. “He will receive the treatment he needs and the public will be protected. His liberty will be restricted to the extent he presents a danger,” said Mr. Kostman about his client.

Mr. De Oliveira was facing three charges of attempted murder and three counts of assault. He admitted that he shoved two 14-year-old boys on to the tracks of a west end Toronto subway station during the afternoon rush hour.

He also tried unsuccessfully to push a third teenager. The boys, all friends, were returning home after an outing together.

It was only a result of the quick actions of one teenager, who pulled his friend back under the ledge of the subway platform, that they were not seriously hurt or killed. One of the teenagers suffered injuries to his left foot from the subway train and later had two toes amputated.

Two forensic psychiatrists testified at the trial on behalf of the Crown and defence. “They agree that the accused is a very ill person. They disagree on whether his illness meets the standard set out in the Criminal Code [to be found not criminally responsible],” noted Judge Backhouse.

The judge accepted the evidence of Dr. Julian Gojer, who testified on behalf of the defence, that Mr. De Oliveira suffered from a major depressive disorder. He was not taking his anti-depressant medication at the time of the incident and heard voices compelling him to kill himself or kill others, testified Dr. Gojer.

During the trial, the court heard numerous personal details about Mr. De Oliveira, who grew up on a farm and came to Canada more than 20 years ago. He was the 10th of 12 children and admitted to engaging in sexual acts with siblings and animals as a teenager. There is also a history of mental illness in his family.